STJ: OAB cannot charge annual fees to law firms – 11/30/2023 – Power

The STJ (Superior Court of Justice) decided that the OAB (Brazilian Bar Association) cannot charge annual fees from law firms. The understanding was unanimously signed by the First Section of the court.

For the collegiate, the charge is directed to individuals registered with the OAB, such as lawyers and interns. The situation would be different from that of a law firm, which registers its constituent acts in the order only to acquire legal personality.

According to the court, with the establishment of the thesis, the processes that were suspended throughout the country will be able to resume processing, awaiting the STJ’s definition on the topic. The ministers’ ruling was published on October 25th.

The rapporteur of the appeal that gave rise to the decision, minister Gurgel de Faria, said that it is up to the OAB sectional council to set, change and receive the annual fees owed by those registered with the entity.

On the other hand, also based on the Law Statute, the minister stated that registration with the OAB as a lawyer or intern is limited to individuals, “there is no reference in the law about the possibility of registration of legal entities”.

According to Gurgel de Faria, the legal personality of the law firm is acquired with the registration of its constituent acts with the sectional council, but this should not be confused with the registration made by lawyers and interns.

He stated that, in this sense, the law firm also does not have the right to perform private acts as a lawyer, as also provided for in the statute.

“The sectional councils, bodies of the Brazilian Bar Association, in the use of their exclusive competence, cannot establish and charge annual fees from law firms”, stated the minister.